Have you taken steps to comply with the new Sexual Harassment Prevention Duty?

A straw poll of delegates at a recent webinar hosted by Ashtons revealed that only 49% had taken steps so far to ensure they were complying with the new Sexual Harassment Prevention Duty, which came into force in October. Those businesses that have not yet done so should be considering this as a matter of urgency.

The new legislation puts the onus on employers to take preventive steps to try to ensure employees are not sexually harassed either by other employees or by external third parties. It is important to remember that this not only applies to incidents that occur on your premises but can include a much wider range of circumstances.

The definition of sexual harassment is also quite wide and relates to making people feel uncomfortable as the result of unwanted sexually-based attention. While there is currently ongoing media coverage of the extreme examples of sexual harassment allegedly carried out by former Harrods owner Mohammed Al Fayed, most workplace instances are less extreme and may include inappropriate text messages or repeated sexual comments rather than actual physical assault. As an employer, you now have greater responsibility than ever before to ensure your employees know what is not acceptable and behave appropriately.

Employers who have not already done so should be undertaking a risk assessment and taking practical steps to reduce those risks wherever possible. What actual steps are taken will vary from one business to another depending on the size and nature of the organisation, but in any event, organisations should consider their harassment (or similar) policy to ensure it is up to date and understood by employees and managers.

Employers should also consider training, giving sufficient examples to ensure that it is clear what behaviours are expected and what is unacceptable and may give rise to a complaint. Some businesses choose to introduce either ‘champions’ or helplines that employees can approach if they feel they are the subject of sexual harassment but do not yet wish to go down the path of a formal grievance.

Some practical examples of the types of things to consider might include:

• Who is on the employer’s premises when? Avoiding having only two people left together at any one time can help to prevent problems.
• Who is entertaining key clients, and how is this being done? A classic problem area is where a high-value client gives an employee unwanted sexual attention, but the employer turns a blind eye because they don’t wish to upset the client.
• Do your employees travel together for business? Could this become a problem area?
• What external social activities are taking place that involve groups of your employees, and might these give rise to issues?

Contact our employment law solicitors today

If you need assistance with either your risk assessment or policy drafting, please do not hesitate to contact our specialist Employment Law team by using our online enquiry form or by calling 0330 191 5713.